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CUBAS v. MARTINEZ

33 A.D.3d 96 (2006)

819 N.Y.S.2d 10

MARIA CUBAS et al., Respondents, v. RAYMOND MARTINEZ, Individually and as COMMISSIONER OF NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

July 6, 2006.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Gregory Silbert, Caitlin J. Halligan and Michael S. Belohlavek of counsel), for appellant.

Patterson, Belknap, Webb & Tyler LLP, New York City (Adam J. Pessin, Steven A. Zalesin and Christine Miller of counsel), and Puerto Rican Legal Defense & Education Fund, New York City (Foster S. Maer and Jackson Chin of counsel), for respondents.

Washington Legal Foundation, New Hartford (Daniel J. Popeo of counsel) and Washington Legal Foundation, Washington, DC (Richard A. Samp of counsel), for amici curiae.

BUCKLEY, P.J., MAZZARELLI, MARLOW and CATTERSON, JJ., concur.

OPINION OF THE COURT

TOM, J.

In this putative class action, plaintiffs challenge proof of identity requirements imposed by defendant Commissioner of the Department of Motor Vehicles (DMV) for the issuance of drivers' licenses and nondriver identification cards (NDIDs). Plaintiffs contend that defendant failed to comply with the State Administrative Procedure Act in implementing the identification procedures and that the identity requirements were adopted...

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